Smt. Rangamma vs The Deputy Commissioner
2022 Latest Caselaw 3137 Kant

                             1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                        BEFORE

          THE HON' BLE MR.JUSTICE R DEVDAS

     WRIT PETITION NO.3962 OF 2022 (KLR-RES)

BETWEEN:

1.     SMT. RANGAMMA
       W/O LATE CHANDRAPPA
       AGED ABOUT 58 YEARS

2.     MANJANNA @ MANJEGOWDA
       S/O LATE CHANDRAPPA
       AGED ABOUT 35 YEARS

3.     DHANANJAYA
       S/O LATE CHANDRAPPA
       AGED ABOUT 30 YEARS

       ALL ARE AGRICULTURIST
       R/AT YANNEKATTE CHELUR HOBLI
       GUBBI TALUK
       TUMKURU DIST -562 213
                                   ... PETITIONERS

(BY SRI HANUMANTHAPPA HARAVIGOWDAR, ADV.)

AND:

1.     THE DEPUTY COMMISSIONER
       TUMKUR DIST
       TUMKUR 562 213

2.     THE TAHSILDAR
       GUBBI TQ, GUBBI
       TUMKUR DIST 562 213

3.     REVENUE INSPCETOR
       CHELUR HOBLI
                             2




     GUBBI TALUK
     TUMKURU DIST 562 213
                                   ... RESPONDENTS
(BY SRI R.SRINIVAS GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 TO PASS NECESSARY ORDERS FOR CHANGE
OF KATHA IN THE NAME OF THE PETITIONERS AS PER THE
REPORT SUBMITTED BY THE VILLAGE ACCOUNTANT IN
RESPECT OF SY.NO.25/3A, MEASURING 1 ACRE 19 GUNTAS
OF LAND SITUATED AT YANNEKATTE VILLAGE, CHELURU
HOBLI, VIDE ANNEXURE-F WITH IMMEDIATE EFFECT AND
ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

R. DEVDAS J., (ORAL):

Learned AGA takes notice for all the respondents.

2. The grievance of the petitioners is that

inspite of a direction given by this Court on an earlier

occasion in W.P.No.4088/2020 dated 19.02.2020

directing respondent No.2, the Tahsildar to look into the

title deeds of the petitioners and the judgment and

decree passed by the Civil Court in O.S.No.57/1999 and

O.S.No.279/2001, the Tahsildar has not passed orders

directing entry of the names of the petitioners in the

revenue records.

3. Having perused the petition papers, this

Court finds that after the order dated 19.02.2020 was

passed by this Court in W.P.No.4088/2020, the Village

Accountant has drawn mahazar, which is produced at

Annexure-F along with the Writ Petition. The Village

Accountant has drawn mahazar stating that the

petitioner is in possession of 1 acre 19 guntas of land in

Sy.No.25/3A of Yannekatte Village, Chelur Hobli, Gubbi

Taluk, Tumakuru District. Inspite of the same, the

allegation is that the Tahsildar has not passed any

order.

4. The Revenue Officers are duty bound to

follow the directions issued by this Court and to

incorporate the judgments and decrees passed by a

competent Civil Court having resolved the dispute

between the parties.

5. Consequently, this Court proceeds to pass

the following:

ORDER i. The Writ Petition is allowed-in-part.

ii. Respondent No.2, the Tahsildar is hereby

directed to look into the judgment and

decree passed by the Civil Court in

O.S.No.57/1999 and O.S.NO.279/2001,

on the file of the Additional Civil Judge,

Gubbi. If there is a judgment and decree

passed in favour of the petitioners

declaring as owners of the property, then

their name shall be entered in the

revenue records.

iii. A notice is required to be issued to the

previous khatedars before passing any

order. If the previous khatedars places

before the Tahsildar any order either

staying the judgment and decree passed

by the Civil Court or setting aside the

judgment and decree, the same shall be

taken note of and appropriate

endorsement shall be issued to the

petitioners.

iv. The entire exercise shall be completed as

expeditiously as possible and at any rate,

within a period of two months from the

date of receipt of a copy of this order.

Learned AGA is permitted to file Memo of

Appearance within a period of four weeks.

Sd/-

JUDGE

BMC